EXIDE INDIA LIMITED Vs. URMILA PASARI

JUDGEMENT

(1.) The revisional application under Art. 227 of the Constitution of India is at the instance of the defendant no. 1 in a suit for eviction and is directed against the order dated October 05, 2021 passed by the 4th Court of learned Civil Judge (Senior Division) at Alipore, District-24 Parganas (South) in the said suit being Title Suit No. 17170 of 2014.

(2.) The learned Trial Judge by the order impugned has allowed an application filed by the plaintiffs/opposite parties for recording the evidence of the first witness of the plaintiffs on commission. The plaintiffs in the said application stated, inter alia, that the plaintiff no. 1 is a senior citizen and is suffering from various kinds of co-morbidities, as such, during this period of ongoing Covid-19 pandemic it would not be safe for her to come to the Trial Court for adducing evidence.

(3.) The petitioner objected to the said prayer of the plaintiffs on the ground that despite having such alleged co-morbidities, the plaintiff no. 1 came to the Court premises before the Notary Public to swear affidavit on number of occasions. The learned Trial Judge, considering the age and to minimise the exposure of the said witness in the public place allowed the said prayer of the plaintiffs.